The Gens and Family Structure in Ancient Rome

Posted on Nov 6, 2024 in Law & Jurisprudence

The Gens

From the earliest times, social groups existed above the family level (people). Each gens consisted of several families, descendants of a common ancestor. They had one adjective and shared the same land and worshipped their own gods. Authority was exercised by the head of the oldest family.

The Family

The family was formed by a group of persons under the authority of a paterfamilias and a married woman. If a daughter married, she became part of her husband’s family. In contrast, if she was still a child, she belonged to her father’s family.

Paterfamilias

The paterfamilias was the head of the family and had power over the rest of the members. The power over children was called patria potestas. It consisted of a series of rights, which were:

• The right of life or death: The paterfamilias could sell their children into slavery, let them die, or abandon them. Abandonment led to social rejection.
• The right to sell: The father could sell his children as slaves.
• The right of waiver of liability: A son who had committed some wrong could be delivered to the injured person, thus avoiding the responsibility of the paterfamilias.
• The right of possession and use of assets: The children could not be in possession of assets until the death of their father.
• The right to disinherit the children: The father divided the inheritance among all sons and unmarried daughters and widows. He could deprive them of the inheritance before dying.

The paterfamilias also had some duties or obligations. He had to ensure the continuity of the family and procure goods for subsistence. He provided what was necessary for family cults (e.g., candles, etc.).

The Mater Familias

The woman had three main tasks: keeping house, giving birth to and raising children, and making the clothing of family members.

Roman women did not have the same rights as men. This discrimination was evident in these constraints:

• They used to marry from 12 to 14 years old and only received a primary education.
• They could not hold the offices of men.
• They lacked political rights.
• They needed the consent of their father to marry. They were never emancipated. From marriage onward, they were subject to the authority of their father or husband. They did not possess marital property, and it was transferred to the father or husband. From the 2nd century BC onward, they could hold property but lacked the legal authority to manage it.
• They had no power over their children. In divorce, the children remained in the family of the father.

Despite these limitations, the mater familias had a certain respect and consideration from her husband and society. She shared many family responsibilities and acted as an advisor in important matters. Some women received a good cultural education. Roman women had freedom of movement to go to markets, bathhouses, shows, or on visits. They often accompanied their husbands to public events. Women from wealthy families had the most freedom.

The Sons

It was important to have children, especially male children. Not having offspring was frowned upon as it was seen as an act of selfishness and a dereliction of duty to the community. Roman law dictated that if a couple had no living children, they should adopt. An agreement between two households was sufficient to adopt a son. A child had to be acknowledged by the paterfamilias through a ceremony where he would take the newborn in his arms. Children who were not recognized by their father were exposed at crossroads. After nine days, there was a party where the child was cleansed, and a sacrifice was made to the gods.

Roman children received three names: praenomen, nomen, and cognomen.

The praenomen is like our proper name. It was chosen from a list of twenty names and was often abbreviated.

The nomen applied to all individuals belonging to the same gens.

The cognomen was the patronymic of each of the branches of the family.

Girls only had the nomen gentile. When there were several girls, a complementary name was used.

Children stayed at their paternal house until 15-17 years old (boys) and 12-14 years old (girls). Boys then took off the praetexta gown and replaced it with the toga virilis, symbolizing their entrance into adulthood. This was celebrated during Dionysiac festivals in March. Young women were later freed but did not marry immediately. They usually married at age 30 or older. On the eve of the wedding, they gave away their dolls.

Marriage

Only Roman citizens possessed the right of marriage (ius connubia). The Canuleia law (lex Canuleia) authorized marriages between patricians and plebeians.

Legal Requirements

A marriage was valid if the partners met three requirements:

1. Natural capacity: Men 14 years old and women 12 years old.
2. Legal capacity: They had to be free people and possess full Roman citizenship.
3. Consent: Both spouses had to consent.

Types of Marriage

The Marriage Cum Manu

In this type of marriage, the wife abandoned her family and was integrated into her husband’s. This was the most common type of marriage until the last days of the Republic. Three procedures were used:

• Confarreatio: A religious ceremony used by patricians. In the presence of the pontifex maximus or flamen dialis, the couple shared a loaf of bread.
• Coemptio: A civil ceremony that simulated the purchase of the woman. It was performed in the presence of five witnesses and the libripens.
• Usus: No ceremony was performed. If a woman slept for an entire year at her husband’s home, he acquired manus over her.

The Marriage Sine Manu

Towards the end of the Republic, the sine manu marriage became more common. The woman kept her independence and belonged to her own family, depending on the authority of her father. This improved the situation of women as they were not under the authority of their husbands and could keep their paternal inheritance.

The Ritual of the Wedding

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